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Res 2002-048
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Res 2002-048
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Last modified
6/23/2006 10:54:09 AM
Creation date
6/23/2006 10:31:16 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2002-48
Date
3/25/2002
Volume Book
147
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<br />Article 12: Termination for Breach of Contract <br /> <br />(a). If CAPCO or SUBCONTRACTOR breaches a materia! prov:s;on of this Contra:;;t, the <br />other may notIfy the breaching party describing the breach and demandjng corrective <br />action. The breaching party has five business days from i'ts receipt of the notice to <br />correct the breach, or to begin and continue with reasonable c;ijgence and L1 good faith <br />to correct the breach. If the breach cannot be corrected within a reasonable time, <br />despite the breaching party's reasonable diligence and good faith effort to do so, either <br />party may terminate the Centract for breach by notifying the other party of the <br />termination date, which may be no socner than 10 calendar days from the notice date, or <br />either party may invoke the dispute resolution process of Article 18. <br /> <br />(b). If this Contract is terminated for breach under Subsection (a), Contractor is entitled to <br />compensation for services it performed and goods it provided before it received notice of <br />term[natian. However, CAPCO is not Uabie to Contractor for costs it paid or incurred <br />under this Contract after or in anticipation of its receipt of notice of termination. <br /> <br />(c). Termination for breach under Subsection (a) does net waive C,A.PCO's claim for <br />damages resulting from the breach, and CAPCO among other remedies may withhold <br />from compensation owed Contractor an amount necessary to satisfy CAPCO's claim. <br /> <br />Article 13: Severability <br /> <br />All parties agree that should any provisioil of this Contract be determined to be invalid or <br />unenforceable, such determination shaU not affect any other term of this Contract, which shall <br />continue in full force and effect. <br /> <br />Article 14: Data and Publicit"i <br /> <br />All data and other information developed under this Contract shall be furnished to CAPCO and <br />shaU be public data and information except to the extent that it is exempted from public access <br />by t1e Texas Open Records/Pubfic Information Act, TEX. GOVT CODE Chapter 552. Upon <br />termination of this Contract, all data and informatJon shall become the joint property of CAPCO <br />and the SUBCONTRACTOR. <br /> <br />n~...;'--',~ <br /> <br />...."!'"D=::~C7TC <br /> <br />Z08ZlTTlt;(? <br />
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